WP/1968/2026 of Afrin Begum Vs Union of India, on 23 January 2026

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE TWENTY THIRD DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 1968 OF 2026

Between:

Afrin Begum, W/o. lVlohammed Riyaz, Age 3 years, Occ; Housewife, Rl/o, H.No.3-9- 192, Durga Colony, [t/edak, Telangana - 502110 PAN NO. ERUPB9050A.

, ....PETITIONER

AND

1. Union of India, Represent by it s Secretary, Ministry of Finance, New Delhi.

2. Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, Sansad Marg, New Delhi -'1 10001.

3. Shriram Finance Limited, Rep by its Principal Nodal Officer, Shriram Frnance Limited, 144, Santhome High Road, Chennai-600004, Tamil Nadu, lndia.

.....RESPONDENTS

Petition Under Article 226 of the Constitutron of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order, or Direction, more particularly in the nature of Writ of [Vandamus, declaring the action of respondent No.3 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high- handed manner without following the due process of law and in blatant violation of the Reserve Bank of lndia Circular'dated 12.08.2022 bearing No.RBl/2022- 2311O8, DOR.ORG.RE C.65121 .O4.158)2022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as uncon stitutiona I and violative of Articles 14, 1 9, and 2'1 of the Constitution of India, and consequently direct the respondent authorities to refrain from undertaking any coercive or unlawful recovery measures against the petitioner and to strictly comply with the due process of law and the aforesaid Circular in all recovery proceedings, and further restrain respondent No. 3, their agents, recovery agents, -- or any person acting on their behalf from engaging in ar \

harassment, humiliation, or intrusion rnto the privacy of the I

members, referees or friends, including persistent )

threatening messages, or physical visits to the petitioner's d irect- respo ndent No. 2 to enforce the said RBI Circular in I

initiate appropriate and stringent action against the errant <

No. 3 for violating legal norms, avid pending disposal of .l the respondent No. 3 not to resort to any coercive measures except through lawful means and in strict adherence t 12.08.2022.

<ecutives, managers,

acts of intimidation,

etitioner or his family

anonymous calls,

rremises, and further

)tter and spirit and to

fficials of respondent

e writ petition, d irect

against the petitioner

, the Circular dated

Counsel for the Petitioner : SRI BONTHU LOKESH PHANIt DRA REDDY

Counsel for the Respondent No.1 : SRI G.VENKATESWAII -U, SC FOR

CENTRAL GOVT

Counsel for the Respondent Nos.2 & 3 : - The Court made the following ORDER

9_B:DE&

IN THE HIGH COURT FoR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.1968 of 2026

Dated: 23.OL.2O26

Between:

Smt. Afrin Begum

...Petitioner

AND

The Union of India & 2 others

...Respondents

Ms. Thakur Manaswini Singh, Iearned counsel reprcsen ting Sri Bonthu Lokesh Phanindra Reddy, learned counscl for the petitioncr and Sri G. Vcnkateshvarlu, learned Standing Ct-runscl for Cerrtral (iovcrlr ment, for respondent No.1.

2.

When the matter is taken up for hearing. learned courrscl for petitioner submilted that the issue raised in this Writ Petition is squarcl-1.

covered by the order passed by this Court in W.P.No. 189 13 of 2O24, datxd 22.08.2024 and therefore, the same order may be passcd in tl'ris u,rit petition as well. The operative portion of rhe said ordcr r.eacls as undcr:

"8.

In r.ieu, of the abovc circular:, tl'ris Court deems it appropriate to dircct the respondcnts to I

\

r

9.

With Lhc above direction, thc r,.'rit tr rt.ition ts disposcrl ol. No costs."

3.

Learned Standtng Counsel for respondent No.1, I r s no objection

4.

Accordingly, ur Lerms of the ordcr passed lr. this Court in W.P.No.189 13 ol 2024, dated 22.O8.2024, and for thc asons alike, this Writ Petition is disposed of direcling lhe respondent alrt lorities and their agents to scrupulolrsly lollou, the guidelines/instructi.-Is issuecl by the Rescrve Bank ol hr<lia in its Circular datecl 12.08.2( 22 and nlso the judgments of Hon'ble Supremc Court in ICICI Ban!. Ltd. v. Prakash Kaur'ls casc and ICICI Bank v. Shanti Devi Sharr ra'2s casc, n'hile recovcring the loan amounls lrom the petitioner. No r:o ts.

Miscellaneous petitions, if any pending, shal ;tand closed 1(2007) 2 scc 711

2(2008) 7 SCC s32

ensure that the agenLs engaged by them f,r- of the loan amo'.tnts, shall strictly lo guidelincs and instructions issued by t)-r,:

Bank of lndia and also the judgments of tLt Supreme Court in ICICI Bank Ltd Vs.

Kaur's r:ase ( I supra) and ICICI Bank Vs Devi Sharma's casc (2 supra).

recovery

ow the

Reserve

Ho n'ble

Prakash

Shanti

IED ABDU

STANT R

LLA KHAN

EGISTRAR

SD/. AHI

^1A$:i

//TRUE COPY// ,\

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1. The Secretary, Union of lndia, Ministry of Finar[e, Ner Delhi.

2. The Chief General Manager, Reserve Bank of lhdy (Fl il), 6, Sansad Marg, NewDelhi - 110001.

3. The Principal Nodal Officer, Shriram Finance Limited,5 hriram Finance Limited, 144, Santhome High Road, Chennai-600004, amil Nadu, lndia.

4. One CC to SRI BONTHU LOKESH PHANINDRA REt) )Y, Advocate [OPUC]

5. One CC to SRI G VENKATESWARLU, SC FOR CEN r RAL GOW' Advocate [oPUC]

SECTION OFFICER

To

o

SA

GJP

Two CD Co pres

)

HIGH COURT

DATED:2310112026